Michigan Family Law Lawyer Elizabeth Sadowski
Michigan is known as a "no
fault" divorce state. Sometimes the words "no fault" are
If the parties can agree between themselves on a final
settlement on all issues, fault may not be a factor. In
other words, even if one spouse is at fault, a party may
not hold that fault against the other and may agree to
an equal division of the assets. On the other hand,
knowing that at trial the judge can take fault into
consideration and skew the property settlement in favor
of the party who was not at fault, can make an innocent
spouse hold out for a larger share of the assets.
Fault may be very much at issue if there is a dispute
about alimony, property, child support, parenting time
or custody. You will want to discuss how fault may
factor into your divorce.
The basis for divorce is Michigan is governed by a
statute and the single grounds for a divorce is this:
"There has been a breakdown of the marriage relationship
to the extent that the objects of matrimony have been
destroyed and there remains no reasonable likelihood
that the marriage can be preserved." Most judges don't
require the parties to provide details, and may require
only a recital of this assertion.
In Michigan, if parties do
not want a divorce, but wish to live apart, they can ask
the court for a legal separation that is known as
"separate maintenance." In a separate maintenance
action, the parties' assets are divided. Spousal support
may be awarded. If there are minor children, the issues
of custody and child support will be included. So, this
is similar to a divorce, except that the parties remain
married and neither may remarry.
Rarely, people seek an
annulment in Michigan. An annulment invalidates a
marriage. Each case is dependent upon its unique facts.
Some marriages may be void from the start. Other may
only be voidable. The grounds for an annulment are
governed by statute and include incapacity to marry,
such as insanity, bigamy, under age, or any type of
fraud that goes to the heart of the marriage. A party
seeking an annulment must not cohabitate with the other
party after having discovered the grounds for the
annulment of the marriage.
Ask a divorce lawyer if you
have any questions about separate maintenance or
annulment. You can learn more about some of the issues
that will be decided in divorce cases, and in some
cases, where the proceeding is for a judgment of
separate maintenance or for an annulment.
To schedule an initial
meeting with divorce lawyer Elizabeth Sadowski or just
ask a question, call or send an e-mail today.
Contact Rochester, Michigan divorce lawyer, Elizabeth
(248) 652-4000 Email:
elizabeth.sadowski [at] gmail.com
Family lawyer Elizabeth Sadowski
serves clients throughout northern Oakland and Macomb
Counties . © 2009 Elizabeth Sadowski
No fee referrals within
Michigan and/or to other states’ attorneys
consultation fee unless retained